Citation Nr: 9816438
Decision Date: 05/28/98 Archive Date: 06/03/98
DOCKET NO. 96-47 641 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts
THE ISSUE
Whether the veteran is entitled to service connection for
residuals of dental trauma to tooth number 9.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
The veteran
ATTORNEY FOR THE BOARD
Keith W. Allen, Counsel
INTRODUCTION
The veteran served on active duty in the military from
February 1987 to May 1991.
In August 1995, the veteran filed a claim at the Department
of Veterans Affairs (VA) Regional Office (RO) in Boston,
Massachusetts, for service connection for residuals of dental
trauma to tooth number 9 (he alleged that he sustained trauma
to this tooth while on active duty in the military and that,
consequently, service connection should be established so
that he could receive treatment for the tooth in the
outpatient dental clinic at the VA Medical Center in
Brockton, Massachusetts). The RO determined in October 1995
that service connection was not warranted. The RO notified
the veteran of its decision that same month, and he appealed
to the Board of Veterans’ Appeals (Board). He gave testimony
in support of his claim during a hearing which was held in
October 1997. The hearing was conducted by the undersigned
Member of the Board.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran alleges that he sustained trauma to tooth number
9 when he was playing volleyball while on active duty in the
military. He says that the tooth was damaged when he
collided with a fellow serviceman during the game and that he
received treatment on various occasions after the incident,
while still in the military, which included bleaching the
tooth to improve its appearance and, ultimately, undergoing
a root canal. He also says that he has had to have the tooth
treated on a number of different occasions during the years
since he was discharged from the military because of
lingering residuals related to the trauma in service.
DECISION OF THE BOARD
The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991 & Supp. 1998), has reviewed and considered
all of the evidence and material of record in the veteran's
claims file. Based on its review of the relevant evidence in
this matter, and for the following reasons and bases, it is
the decision of the Board that the evidence supports service
connection for residuals of dental trauma to tooth number 9.
FINDINGS OF FACT
1. The veteran sustained dental trauma to tooth number 9
when he was playing volleyball while on active duty in the
military.
2. The veteran received treatment for tooth number 9 in the
aftermath of the incident in service, which included
bleaching the tooth to improve its appearance and,
ultimately, undergoing a root canal.
3. The veteran has received additional treatment for tooth
number 9 during the years since he was discharged from the
military.
4. The treatment which the veteran has received for tooth
number 9 since service has been for residuals of the trauma
that he sustained to this tooth while on active duty in the
military.
CONCLUSION OF LAW
While on active duty in the military, the veteran incurred
dental trauma to tooth number 9. 38 U.S.C.A. §§ 1110, 1131,
1712, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.381, 17.161
(1997).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Summary of Relevant Facts
In July 1988, while playing volleyball while on active duty
in the military, the veteran collided with a fellow
serviceman and sustained trauma to tooth number 9 (which is
one of the two front teeth). He received treatment for the
tooth on various occasions after the incident. The initial
treatment involved repositioning the tooth so that it was
situated the way that it should be, followed by stabilizing
the tooth and later bleaching it to improve its appearance.
Ultimately, in August 1988, it was necessary for the veteran
to undergo root canal therapy. He was discharged from the
military in May 1991.
In October 1995, rating specialists at the RO reviewed the
veteran’s dental and medical records concerning his service
in the military. It was acknowledged that he sustained
dental trauma to tooth number 9 while on active duty.
During the years since service, the veteran has received
additional treatment for tooth number 9. John M. Burns,
D.D.S. (who is the veteran’s private dentist), indicated in
an October 1997 statement that he had treated the veteran’s
tooth number 9 during the years since he was in the military
and that X-rays which were taken during the initial
consultation confirmed that tooth number 9 had been “root
canaled” at some point in time in the past. The treatment
that Dr. Burns provided for the veteran included inserting a
post to provide stability for this tooth and applying a crown
to assist in its retention.
The veteran testified during his October 1997 hearing that he
has experienced problems with tooth number 9 ever since the
tooth was damaged in the incident during service. He said
that the dentists who treated him in service were never able
to completely resolve the problems with the tooth related to
the trauma, and that, as a result, he has had to obtain
additional treatment for the tooth since service, including
the treatment alluded to above by Dr. Burns.
Legal Analysis
The veteran’s claim for service connection for residuals of
dental trauma to tooth number 9 is well grounded—which means
that his claim is at least “plausible…or capable of
substantiation.” 38 U.S.C.A. § 5107(a). All evidence that
is pertinent to his claim has been properly developed. VA’s
“duty to assist” him with his claim has been satisfied.
Id.
Service connection may be granted for a disability that is
due to disease or injury which was incurred in or aggravated
by active service. 38 U.S.C.A. §§ 1110, 1131;
38 C.F.R. § 3.303(a). As to dental conditions, service
connection will be granted for disease or injury of
individual teeth and of the investing tissues, shown by the
evidence to have been incurred in or aggravated by service.
38 C.F.R. § 3.381(a). It should be noted, however, that
service connection for periodontal disease or pyorrhea, teeth
which are carious but treatable, teeth which are missing
but replaceable, and for dental or alveolar abscesses and
Vincent’s stomatitis, may only be granted for the purpose of
receiving dental treatment from VA (i.e., not compensation).
See 38 C.F.R. § 4.149. The threshold determination in these
type cases therefore becomes whether the veteran is entitled
to receive dental treatment from VA, and, to be so entitled,
it is necessary that he satisfy the criteria of one of the
various classes of eligibility which are discussed
in 38 U.S.C.A. § 1712 and 38 C.F.R. § 17.123 (in 1996, this
regulation was recodified as 38 C.F.R. § 17.161).
Under the law and regulations alluded to above, a veteran can
establish entitlement to VA outpatient dental treatment if,
for example, he has a compensable service-connected dental
condition (this is referred to as “Class I” eligibility);
he has a noncompensable service-connected dental condition
and applied for treatment within one year after his service
ended (“Class II” eligibility); he has a noncompensable
service-connected dental condition which is the result of
a combat wound or other service trauma (“Class II(a)”
eligibility); he has a noncompensable service-connected
dental condition and he was detained or interned by enemy
forces during service as a prisoner of war (“Class II(b) and
Class II(c)” eligibility); he has a dental condition which
as been professionally determined to be aggravating a
service-connected disability (“Class III” eligibility); his
service-connected disabilities are rated as 100 percent
disabling or he is totally disabled due to individual
unemployability (“Class IV” eligibility);
he is participating in a rehabilitation program (“Class V”
eligibility); he has a dental condition that has been
clinically determined to be complicating a medical condition
currently under treatment by VA (“Class VI” eligibility);
etc. Id.
In this case, the veteran is alleging that he is entitled to
VA outpatient dental treatment on a “Class II(a)” basis—in
other words, on the premise that he sustained dental trauma
to tooth number 9 while on active duty in the military. The
benefit of establishing entitlement to VA outpatient dental
treatment on a “Class II(a)” basis is that the usual
limitations on the amount of times that the veteran can
receive treatment from VA do not apply (treatment is
perpetual for any dental condition which is determined to be
related to the trauma), and also because the requirement that
the veteran timely apply for treatment after service does not
apply either.
The dental records concerning the veteran’s service in the
military clearly show that he sustained trauma to tooth
number 9 in July 1988 while on active duty. That incident of
trauma required that the tooth be repositioned because it was
displaced; that the tooth be bleached to improve its
appearance; and, ultimately, that the veteran undergo root
canal therapy in August 1988. He has continued to experience
problems with the tooth related to the trauma during the
years since, which required that he receive treatment from
dentists, including from Dr. Burns, who indicated that he
recently had to insert a post to stabilize the tooth and a
crown to assist in its retention.
Since the veteran sustained damage to tooth number 9 in the
incident of trauma that occurred while he was on active duty
in the military, and since there is medical evidence showing
that he has experienced residuals associated with the trauma
during the years since service, there is a basis for granting
service connection for residuals of dental trauma. Dental
trauma to tooth number 9 was incurred in service, and the
benefit requested must be granted. Alemany v. Brown,
9 Vet. App. 518, 519 (1996).
ORDER
Service connection for residuals of dental trauma to tooth
number 9 is granted.
NANCY R. ROBIN
Member, Board of Veterans' Appeals
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991 & Supp. 1998), a decision of the Board of Veterans'
Appeals granting less than the complete benefit, or benefits,
sought on appeal is appealable to the United States Court of
Veterans Appeals within 120 days from the date of mailing of
notice of the decision, provided that a Notice of
Disagreement concerning an issue which was before the Board
was filed with the agency of original jurisdiction on or
after November 18, 1988. Veterans' Judicial Review Act,
Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). The
date which appears on the face of this decision constitutes
the date of mailing and the copy of this decision which you
have received is your notice of the action taken on your
appeal by the Board.
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